HALL REED GARNER UNCONTESTED AGENDA Wednesday, April 28, 1993 WATER COMMISSION 9:00 a.m. Room 118

UNCONTESTED (Class 2 Modification to Hazardous Waste 50233) Item 1. Consideration of an application by SAFETY-KLEEN CORPORATION Corpus Christi Plant for Class 2 Modifications to Permit No. HW-50233 in accordance with 31 TAC Section 305.69. Safety- Kleen operates a commercial hazardous waste recycling facility. The facility is located at 3820 Bratton Road, Corpus Christi in Nueces County, Texas.

APPROVED, PR/PG

UNCONTESTED (Municipal Solid Waste Permit)

Item 2. APPLICATION BY CITY OF FLOYDADA for a municipal solid waste permit (Proposed Permit No. MSW2207) to authorize a Type I (landfill) municipal solid waste management facility to dispose of municipal solid waste, special waste and various types of nonhazardous industrial waste. Authorized wastes are to be accepted at an initial rate of approximately 14 tons per day. This rate is not expected to exceed an average of 20 tons per day over the total life of the site. The site is to be on a 48.99 acre site, east-southeast of Floydada, 1.5 miles east of the intersection of U.S. Highway 62/70 and Farm-to- Market Road 1958, and 0.3 mile south of U.S. Highway 62/70 in Floyd County, Texas.

APPROVED, PG/PR

Item 3. APPLICATION BY RECYCLE WITH KIM COR HAULING, INC. for a municipal solid waste permit (Proposed Permit No. MSW2206) to authorize a Type V (materials recovery facility and transfer station) municipal solid waste management facility to process waste from Llano and Burnet Counties. Authorized wastes are to be processed at a rate not to exceed 10 tons per day. The site is to be on a 0.92 acre site, approximately 150 feet west of Farm-to-Market Road 1431, at a point approximately 2 miles north of the intersection of Farm-to-Market Road 1431 and Farm-to-Market Road 2900, at 167 Industrial Boulevard in the City of Kingsland, Llano County, Texas. APPROVED, PG/PR

UNCONTESTED (Water Quality Permits) Item 4. APPLICATION BY EVANS MEAT COMPANY OF TEXAS for a permit (Proposed Permit No. 03574) to authorize disposal of industrial wastewater and stormwater from a meat packing plant by irrigation on 190 acres of land. Wastewater is discharged to a holding pond and stormwater is discharged into a retention pond prior to irrigation. Application rates for the irrigated land are not to exceed 0.84 inches/acre/month. The plant site is at 2150 East 37th Street in the City of San Angelo, Tom Green County, Texas. APPROVED, PG/PR Item 5. APPLICATION BY TEXACO PIPELINE INC. for a permit (Proposed Permit No. 03530) to authorize an intermittent flow variable discharge of stormwater and treated industrial wastewater. The applicant operates a petroleum products tank station. The plant site is on Old West Port Arthur Road at the intersection of State Highways 73 and 823 in the City of Port Arthur, Jefferson County, Texas. APPROVED, PG/PR Item 6. APPLICATION BY THE WOODLANDS CORPORATION for a permit (Proposed Permit No. 13614-01) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 610,000 gallons per day. The proposed wastewater treatment facilities will serve the Wood Trace Development. The plant site is approximately 2,500 feet west of the Chicago Rock Island and Pacific Railroad, 1,500 feet northeast of the Missouri Pacific Railroad, 5,000 feet northeast of State Highway 149 (proposed State Highway 249), and approximately 1.5 miles east of Pinehurst in Montgomery County, Texas.

APPROVED, PR/PG

UNCONTESTED (Amendment to Water Quality Permits)

Item 7. APPLICATION BY CITY OF LINDEN for an amendment to Permit No. 10429-03 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 310,000 gallons per day to a volume not to exceed an average flow of 450,000 gallons per day. The plant site is approximately 7000 feet southeast of the intersection of Farm-to-Market Road 125 and U.S. Highway 59 (Jefferson Highway) in Cass County, Texas.

APPROVED, PG/PR Item 8. APPLICATION BY BUFORD MOONEY for an amendment to Permit No. 11589-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 50,000 gallons per day to a volume not to exceed an average flow of 153,000 gallons per day. The Country Squire Wastewater Treatment Facilities are immediately west of State Highway 87, approximately 4.5 miles north of the intersection of State Highway 87 and Interstate Highway 10 and approximately 6.9 miles north of the business district of the City of Orange in Orange County, Texas. APPROVED, PG/PR Item 9. APPLICATION BY OCCIDENTAL CHEMICAL CORPORATION for an amendment to Permit No. 01539 in order to add a stormwater outfall (Outfall 002). The permit currently authorizes a discharge of process wastewater, cooling tower blowdown, stormwater, washwater, and sanitary sewage at a volume not to exceed an average flow of 2,150,000 gallons per day, which will remain the same. The applicant operates a chloro-alkali manufacturing plant. The plant site is on the east side of State Park Road 1836 (Vista Road), approximately 1000 feet north of the intersection with State Highway 134 (Battleground Road) in the City of La Porte, Harris County, Texas. CONTINUED TO MAY 19, 1993 AT 9:00 A.M. Item 10. APPLICATION BY THE GOODYEAR TIRE & RUBBER COMPANY for an amendment to Permit No. 00519 to authorize an increase in the discharge of treated process wastewater and stormwater via Outfall 001 from a volume not to exceed an average flow of 2,500,000 gallons per day to an average flow not to exceed 3,000,000 gallons per day. The proposed amendment will also add two additional outfalls (Outfall 003 and 004) to regulate an intermittent flow variable discharge of stormwater runoff. The permit currently authorizes a flow variable discharge of stormwater runoff via Outfall 002, which will remain the same. The applicant operates a petrochemical plant producing crumb rubber and other products. The plant site is south of Interstate 10 (between IH 10 and State Highway 124) approximately 10 miles southwest of the City of Beaumont in Jefferson County, Texas.

APPROVED, PG/PR

UNCONTESTED (Minor Amendments to Water Quality Permits)

Item 11. APPLICATION BY CITY OF LAREDO for a minor amendment to Permit No. 10681-03 to receive, process and dispose of wastewater sludge generated from five wastewater treatment plants: 1). the Columbia Bridge Wastewater Treatment Plant (Permit No. 10681-006), 2). Unitec Industrial Park Wastewater Treatment Plant (Permit No. 10681-005), 3). the North Laredo Wastewater Treatment Plant (Permit No. 10681-004), 4). Webb County Detention Center Wastewater Treatment Plant (Permit No. 12271- 001) and 5). the El Cenizo Wastewater Treatment Plant (Permit No. 13577-001). The permit currently authorizes a discharge of treated domestic wastewater effluent at a final volume not to exceed an average flow of 9,900,000 gallons per day, which shall remain the same. The plant site is approximately 3500 feet east of U.S. Highway 83 and 3.2 miles south of the intersection of U.S. Highway 83 and State Highway 20 in southwest Webb County, Texas. APPROVED, PG/PR

UNCONTESTED (Renewal to Water Quality Permits) Item 12. APPLICATION BY CITY OF BIG LAKE for renewal of Permit No. 10038-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 600,000 gallons per day. The wastewater treatment facilities are south of and adjacent to US Highway 67; approximately 1/2 mile southeast of the intersection of US Highway 67 and State Highway 137 in Reagan County, Texas. RENEWED, PG/PR Item 13. APPLICATION BY CITY OF CLEBURNE for renewal of Permit No. 10006-02 which authorizes a discharge of backwash water effluent at a volume not to exceed an average flow of 50,000 gallons per day from the surface water treatment facilities. The plant site is on County Road 1111, approximately two miles southwest of the City of Cleburne in Johnson County, Texas. RENEWED, PG/PR Item 14. APPLICATION BY CITY PUBLIC SERVICE OF SAN ANTONIO for renewal of Permit No. 01517 which authorizes the discharge of cooling tower blowdown and previously monitored effluents at a volume not to exceed an average flow of 1,000,000 gallons per day from the Leon Creek Steam Electric Station. The plant site is at 7118 Quintana Road at Pitluk Avenue in the City of San Antonio in Bexar County, Texas. RENEWED, PG/PR Item 15. APPLICATION BY CITY OF for renewal of Permit No. 10060- 06 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 90,000,000 gallons per day from the Southside Wastewater Treatment Facilities. The plant site is at 10011 Log Cabin Road, on the east bank of the Trinity River in the City of Dallas in Dallas County, Texas.

RENEWED, PG/PR

Item 16. APPLICATION BY DEGUSSA CORPORATION for renewal of Permit No. 02077 which authorizes an intermittent flow variable discharge of stormwater from the Aransas Pass Carbon Black Plant. The plant site is adjacent to and on the west side of State Highway 35, approximately six (6) miles south of the City of Rockport in Aransas County, Texas.

CONTINUED TO MAY 19, 1993 AT 9:00 A.M.

Item 17. APPLICATION BY CITY OF ECTOR for renewal of Permit No. 10552- 01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 48,000 gallons per day. The wastewater treatment facilities are approximately 4700 feet north of U.S. Highway 82 and 800 feet west of Farm-to-Market road 898 in Fannin County, Texas.

RENEWED, PG/PR

Item 18. APPLICATION BY CITY OF FRANKLIN for renewal of Permit No. 10440-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 300,000 gallons per day. The wastewater treatment facilities are approximately 1,000 feet southeast of U.S. Highway 79 and one mile southwest of the intersection of U.S. Highway 79 and Farm-to-Market Road 46 in City of Franklin in Robertson County, Texas. RENEWED, PG/PR Item 19. APPLICATION BY FRUITVALE INDEPENDENT SCHOOL DISTRICT for renewal of Permit No. 12369-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 5,400 gallons per day. The wastewater treatment facilities are approximately 2.1 miles east of State Highway 19 and 1,100 feet north of U.S. Highway 80 in Van Zandt County, Texas. RENEWED, PG/PR Item 20. APPLICATION BY GARD, INC. for renewal of Permit No. 12318-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 5,100 gallons per day. The wastewater treatment facilities are located in the Jacintoport industrial development, approximately 1.5 miles southwest of the confluence of the Ship Channel and Carpenter's Bayou in the eastern part of Harris County, Texas. RENEWED, PG/PR Item 21. APPLICATION BY GULF COAST TRADES CENTER for renewal of Permit No. 11829-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 5,500 gallons per day. The wastewater treatment facilities are approximately 0.4 mile north of the intersection of Interstate Highway 45 and Sheppard Hill Road and approximately 4.1 miles north of the City of Willis on the west side of Interstate Highway 45 in Montgomery County, Texas.

CONTINUED TO MAY 19, 1993 AT 9:00 A.M.

Item 22. APPLICATION BY HARRIS COUNTY FWSD NO. 58 for renewal of Permit No. 10668-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 350,000 gallons per day. The Indian Shores Wastewater Treatment Facilities are at 20410 Buffalo Trail in the Indian Shores Subdivision, approximately 4 miles south-southwest of the intersection of and Farm to Market Road 2100 in Harris County, Texas.

RENEWED, PG/PR

Item 23. APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 185 for renewal of Permit No. 12124-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 675,000 gallons per day. The plant site is at 5300 Addicks-Satsuma Road, approximately 5.1 miles north of Interstate Highway 10 and approximately 1,600 feet east of State Highway 6 in Harris County, Texas.

RENEWED, PG/PR

Item 24. APPLICATION BY HOECHST CELANESE CHEMICAL GROUP, INC. for renewal of Permit No. 02571 which authorizes an intermittent flow variable discharge of stormwater from an organic chemical manufacturing plant. The plant site is in the Bayport Industrial Park at 9502 Bayport Boulevard in the City of Pasadena in Harris County, Texas. RENEWED, PG/PR Item 25. APPLICATION BY CITY OF KERRVILLE for renewal of Permit No. 10576-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 3,520,000 gallons per day. The wastewater treatment facilities are at 3650 Loop 534, at the end of Beach Street on the City Farm in the southeast section of the City of Kerrville in Kerr County, Texas. RENEWED, PG/PR Item 26. APPLICATION BY CITY OF LAKEWOOD VILLAGE for renewal of Permit No. 10903-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 12,000 gallons per day. The wastewater treatment facilities are approximately 7000 feet northeast of the north end of the Old Lake Dallas Dam in Denton County, Texas. CONTINUED TO MAY 19, 1993 AT 9:00 A.M. Item 27. APPLICATION BY CITY OF JEFFERSON for renewal of Permit No. 10801-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 550,000 gallons per day. The wastewater treatment facility is approximately 2200 feet east of U.S. Highway 59 at the north end of North Line Street in Marion County, Texas. RENEWED, PG/PR Item 28. APPLICATION BY NORTHWEST INDEPENDENT SCHOOL DISTRICT for renewal of Permit No. 11760-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 15,000 gallons per day from the Northwest Jr. High School Wastewater Treatment Facilities. The plant site is south of State Highway 114, approximately one mile west of the intersection of State Highway 114 and Farm-to- Market Road 156 in Denton County, Texas.

RENEWED, PG/PR

Item 29. APPLICATION BY NORTHWEST INDEPENDENT SCHOOL DISTRICT for renewal of Permit No. 11760-02 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 22,000 gallons per day. The wastewater treatment facilities are approximately 1500 feet southwest of the intersection of State Highway 114 and Farm-to-Market Road 156, and approximately 2.3 miles due west of the intersection of Interstate Highway 35W and State Highway 114 in Denton County, Texas.

RENEWED, PG/PR

Item 30. APPLICATION BY CITY OF OMAHA for renewal of Permit No. 10239- 01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 200,000 gallons per day. The wastewater treatment facilities are south of United States Highway 67, between Farm to Market Road 144 and United States Highway 259, in the southeast portion of the City of Omaha in Morris County, Texas. RENEWED, PG/PR Item 31. APPLICATION BY CITY OF SAN ANGELO for renewal of Permit No. 10641-01 which authorizes a discharge of filter backwash and clarifier water at a volume not to exceed an average flow of 400,000 gallons per day. The wastewater treatment facilities are at Avenue I and Metcalf Street in the City of San Angelo, Tom Green County, Texas. RENEWED, PG/PR Item 32. APPLICATION BY SAN JACINTO UTILITY COMPANY for renewal of Permit No. 11102-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 13,000 gallons per day from the Mountain View Estates Wastewater Treatment Plant. The plant site is approximately 17 miles northeast of the City of Cleburne Central Business District and approximately 1,000 feet east/northeast of the intersection of Farm-to-Market Road 917 and Farm-to-Market Road 2838, northeast of the community of Lillian in Johnson County, Texas. CONTINUED TO MAY 19, 1993 AT 9:00 A.M. Item 33. APPLICATION BY TEXAS UTILITIES ELECTRIC COMPANY for renewal of Permit No. 00945 which authorizes an intermittent flow variable discharge of condenser cooling water and previously monitored effluents at a volume not to exceed an average flow of 200,000,000 gallons per day plus low volume wastes, metal cleaning waste and stormwater from the River Crest Steam Electric Station. The plant is adjacent to River Crest Reservoir which is approximately 5.4 miles southeast via U.S. Highway 271 of the City of Bogata in Red River County, Texas. RENEWED, PG/PR

Item 34. APPLICATION BY THE LUBRIZOL CORPORATION for renewal of Permit No. 02594 which authorizes a discharge of stormwater runoff at a volume variable with rainfall from a plant manufacturing additives for lubricating oils, grease and fuels. The plant site is in the Bayport Industrial Complex, approximately one mile south of the intersection of Fairmont Parkway and Bay Area Boulevard, Harris County, Texas.

RENEWED, PG/PR

Item 35. APPLICATION BY TIDWELL TIMBERS MUNICIPAL UTILITY DISTRICT for renewal of Permit No. 13333-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 488,000 gallons per day. The wastewater treatment facilities are located on the west Bank of Greens Bayou, north of and adjacent to Tidwell Road in Harris County, Texas.

RENEWED, PG/PR

Item 36. APPLICATION BY TRESCHWIG JOINT POWERS BOARD for renewal of Permit No. 11141-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 2,000,000 gallons per day. The Treschwig Central Wastewater Treatment Facilities are on the north bank of Cypress Creek approximately 1 (one) mile north of Farm-to- Market Road 1960 and 2 1/2 miles east of the Missouri Pacific Railroad in northern Harris County, Texas. RENEWED, PG/PR Item 37. APPLICATION BY WOODY LESIKAR AIRCRAFT SALES AND SERVICE, INCORPORATED for renewal of Permit No. 12516-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 2,000 gallons per day from the Lakeside Airport Wastewater Treatment Facilities. The plant site is on Lakeside Airport property at 18000 Groschke Road in Harris County, Texas. CONTINUED TO MAY 19, 1993 AT 9:00 A.M. UNCONTESTED (Water Right Permits) Item 38. APPLICATION NO 23-627A BY E & S FARMS TO AMEND CERTIFICATE NO. 23-627 UNDER TEXAS WATER CODE SECTION 11.122. FOR COMMISSION ACTION. Applicant seeks to add 57.56 acres of leased land to be authorized for irrigation under the certificate and to add a diversion point on the Rio Grande to divert water to this additional tract. No additional water is requested. Certificate 23-627 allows the diversion of 500 acre-feet of water to irrigate 200 acres in Starr County near Rio Grande City, TX. (SMITH/lb) APPROVED, PR/PG Item 39. APPLICATION BY TEXAS A&I UNIVERSITY FOR AN EXTENSION OF TIME PURSUANT TO TWC SECTION 11.145. FOR COMMISSION ACTION. Applicant seeks to extend the time to commence and complete construction of the facilities authorized by Water Use Permit No. 5293 to July 6, 1995 and July 6, 1996, respectively. (SMITH/jme)

APPROVED, PR/PG

UNCONTESTED (District Matters)

Item 40. APPLICATION BY CINCO MUNICIPAL UTILITY DISTRICT NO. 6 OF FORT BEND AND HARRIS COUNTIES FOR APPROVAL OF $1,150,000 UNLIMITED TAX BOND ISSUE, 7.72% NET EFFECTIVE INTEREST RATE, FIRST ISSUE, SERIES 1993. For Commission consideration and action. Applicant requests approval of $1,150,000 in tax bonds to fund District's share of Willow Fork Golf Course drainage costs and utility infrastructure serving Kelliwood Greens, Section 2. (Ferguson)

APPROVED, PG/PR

Item 41. APPLICATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 FOR APPROVAL OF $1,710,000 UNLIMITED TAX BOND ISSUE, 8.25% NET EFFECTIVE INTEREST RATE, SECOND ISSUE, SERIES 1993. For Commission consideration and action. Applicant requests approval of $1,710,000 in tax bonds to finance District repair and maintenance projects and utility infrastructure serving development within the District. (Ferguson)

APPROVED, PG/PR Item 42. APPLICATION BY MONTGOMERY COUNTY UTILITY DISTRICT NO. 4 FOR APPROVAL OF THE USE OF $124,132 IN SURPLUS FUNDS; $1,700,000 BOND ISSUE APPROVED MAY 13, 1988. For Commission consideration and action. Applicant requests Commission approval for the use of surplus funds to finance adjustments and relocation of existing utilities along State Highway 105. (Ferguson) APPROVED, PG/PR Item 43. APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8 FOR APPROVAL OF THE USE OF SURPLUS FUNDS; $1,975,000 BOND ISSUE APPROVED DECEMBER 11, 1985. For Commission consideration and action. Applicant requests approval of the transfer of approximately $200,000 in surplus interest earnings from the construction funds to debt service. (Ferguson) APPROVED, PG/PR Item 44. APPLICATION BY FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 FOR APPROVAL OF CHANGE IN PLANS, ESCROW RELEASE AND USE OF SURPLUS FUNDS; $2,075,000 BOND ISSUE APPROVED NOVEMBER 30, 1992. For Commission consideration and action. Applicant requests approval of a change in plans to release and use $339,160 in escrowed funds plus $296,883 in surplus funds to finance the Wastewater System Evaluation and Remediation Project. (Ferguson) APPROVED, PG/PR Item 45. APPLICATION BY RICHEY ROAD MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL OF THE USE OF SURPLUS FUNDS; $4,900,000 BOND ISSUE APPROVED SEPTEMBER 30, 1982. For Commission consideration and action. Applicant requests approval of the transfer of approximately $50,000 in surplus interest earnings from the construction funds to debt service. (Ferguson)

APPROVED, PG/PR

Item 46. APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 345 FOR APPROVAL TO RELEASE $246,950 FROM ESCROW AND TO USE $113,964 IN SURPLUS FUNDS; $3,920,000 BOND ISSUE APPROVED AUGUST 5, 1992. For Commission consideration and action. Applicant requests the release of $246,950 in escrowed funds and approval to use $113,964 in surplus funds to finance District's share of joint use wastewater treatment plant expansion. (Ferguson)

APPROVED, PG/PR

Item 47. APPLICATION FOR APPOINTMENT OF DIRECTORS FOR SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 3 OF HARRIS COUNTY, PURSUANT TO V.T.C.A., WATER CODE, SECTION 54.105. For Commission consideration and action. Applicant requests appointment of Charles C. Webb, Jeffrey C. Mills and Joe Keathley as directors to replace three who are no longer serving. (Ferguson)

APPROVED, PG/PR

Item 48. PETITION BY RESOLUTION TRUST CORPORATION FOR APPOINTMENT OF DIRECTORS FOR FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 94; For Commission consideration and action. Applicant requests appointment of Pat Jankowiak, Connie Martin, Lisa Sisto, Fatemeh Hakimzadeh and Seda Kalentarians as directors. (Ferguson) CONTINUED TO MAY 5, 1993 AT 9:00 A.M.

UNCONTESTED (Water Rate Matters) Item 49. APPLICATION to Transfer a portion of facilities and service area from D & J Water Supply, Inc.,(CCN No. 11974) to Orbit Systems, Inc., (CCN No. 11982), in Brazaoria and Fort Bend Counties, TX (Application No. 9844-S, Gonzalez) APPROVED, PR/PG Item 50. APPLICATION OF CITY OF PLAINVIEW to Transfer Water CCN No. 12619 from Westridge Water Co.; Amend Water CCN No. 10612; Cancel Water CCN No. 12619 in Hale County, TX (Application No. 9925-S, Poe) APPROVED, PR/PG Item 51. APPLICATION OF D L UTILITIES, INC. to amend Water CCN No. 12942 and Sewer CCN No. 20683 in Montgomery County, TX (Application No. 9905-C, Holck) APPROVED, PR/PG Item 52. APPLICATION OF POST OAK HILL WATER SUPPLY CORPORATION for a Water Certificate of Convenience and Necessity in Burleson County, TX (Application No. 9862-C, Holck) APPROVED, PR/PG Item 53. APPLICATION OF H2M WATER SYSTEMS, INC. to Transfer a portion of CCN No. 11908 for the Kelly View Addition Water System from H2M Water Systems, Inc. to the City of Weatherford in Parker County, TX (Application No. 9873-S, Gonzalez)

APPROVED, PR/PG

Item 54. APPLICATION To Transfer Water CCN No. 11759 from ROCKWELL ACRES WATER SYSTEM, INC. to Troy G. Waller dba Rockwell Acres Water System in Randall County, TX (Application No. 9605-S, Gonzalez)

APPROVED, PR/PG

Item 55. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S REQUEST FOR ORDER NUNC PRO TUNC CONCERNING EGAN SERVICE CORPORATION, CCN NO. 10896. (Sanchez)

APPROVED, PR/PG

UNCONTESTED (Emergency Orders)

Item 56. CONSIDERATION WHETHER EMERGENCY ORDER 93-2E, ISSUED ON MARCH 3, 1993 TO EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT, SHOULD BE AFFIRMED, MODIFIED OR SET ASIDE. (On 31 March 93 item was remanded to OHE for evidentiary hearing, however a agreement was reached on 31 March 93. No individuals showed up for hearing on 1 April. Executive Director took jurisdiction and now is asking the Commission to Affirm the modified order.) MODIFY ORDER, PR/PG Item 57. CONSIDERATION WHETHER EMERGENCY ORDER 93-1E, ISSUED ON JANUARY 6, 1993 TO SANDOZ AGRO, INC, SHOULD BE AFFIRMED, MODIFIED OR SET ASIDE. SET ASIDE ORDER, PG/PR

UNCONTESTED (Superfund) Item 58. CONSIDERATION OF THE EXECUTIVE TO ISSUE AN ADMINISTRATIVE ORDER TO RESPONSIBLE PARTIES FOR THE COL TEX REFINERY STATE SUPERFUND SITE LOCATED IN COLORADO CITY FOR THE COMPLETION OF A REMEDIAL INVESTIGATION/FEASIBLE STUDY. APPROVED WITH CHANGES PER STAFF, PR/PG Item 59. CONSIDERATION TO ADOPT A RESOLUTION TO AUTHORIZE THE EXPENDITURE OF UP TO $1,000,000 DOLLARS OF STATE FUNDS TO COMPLETE AN IMMEDIATE REMOVAL ACTION AT THE COL TEX REFINERY STATE SUPERFUND SITE LOCATED IN COLORADO CITY. APPROVED, PR/PG

UNCONTESTED (Contract) Item 60. CONSIDERATION TO ENTER INTO CONTRACT WITH THE CITY OF FORT WORTH FOR WORK PERFORMED UNDER A PHASE II RESTORATION PROJECT OF THE CLEAN LAKES PROGRAM; SECTION 314 OF THE CLEAN WATER ACT. CONTINUED TO JUNE 2, 1993 AT 9:00 A.M.

UNCONTESTED (Regulating on-site sewage facilities)

Item 61. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PETITION FOR AN ORDER AUTHORIZING THE CITY OF OVILLA TO REGULATE ON-SITE SEWAGE FACILITIES WITHIN THE INCORPORATED AREAS OF OVILLA THUS MAKING OVILLA AN AUTHORIZED AGENT OF THE TEXAS WATER COMMISSION.

APPROVED, PG/PR

Item 62. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PETITION FOR AN ORDER AUTHORIZING THE CITY OF HUDSON OAKS TO REGULATE ON-SITE SEWAGE FACILITIES WITHIN THE INCORPORATED AREAS OF HUDSON OAKS THUS MAKING HUDSON OAKS AN AUTHORIZED AGENT OF THE TEXAS WATER COMMISSION.

APPROVED, PG/PR

Item 63. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PETITION FOR AN ORDER AUTHORIZING THE TOWN OF LITTLE ELM TO REGULATE ON-SITE SEWAGE FACILITIES WITHIN THE INCORPORATED AREAS OF LITTLE ELM THUS MAKING LITTLE ELM AN AUTHORIZED AGENT OF THE TEXAS WATER COMMISSION. APPROVED, PG/PR

UNCONTESTED (Examiner's Settled Cases) Item 64. CONSIDERATION OF EXAMINER'S MEMORANDUM AND ORDER CONCERNING THE APPLICATION OF MIDWAY PROPERTIES, INC. FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY TO PROVIDE WATER SERVICE IN DENTON COUNTY, TEXAS. (DOCKET NO. 9443-C). RECOMMENDATION: ADOPTION OF AGREEMENT OF PARTIES. (CRAVEN) ADOPT EXAMINERS MEMORANDUM AND ISSUE ORDER, PR/PG Item 65. CONSIDERATION OF EXAMINER'S MEMORANDUM AND ORDER CONCERNING THE APPLICATION OF DESTARA CHEMICALS, INC. for PERMIT NO. HW- 50312-001 TO AUTHORIZE THE OPERATION OF A HAZARDOUS WASTE STORAGE FACILITY PRIOR TO RECYCLING IN HARRIS COUNTY, TEXAS. APPLICANT SEEKS AUTHORIZATION TO STORE HAZARDOUS AND NONHAZARDOUS MATERIALS AT FACILITIES LOCATED IN SEGMENT NO. 0828 OF THE TRINITY RIVER BASIN. RECOMMENDATION: DISMISSAL OF APPLICATION PURSUANT TO NOTICE OF WITHDRAWAL. (THOMAS) ADOPT EXAMINERS MEMORANDUM AND ISSUE ORDER, PR/PG Item 66. CONSIDERATION OF EXAMINER'S MEMORANDUM CONCERNING THE PETITION OF MINEOLA STATE BANK FOR REIMBURSEMENT FROM THE COMMISSION'S PST FUND or PETROLEUM STORAGE TANK REMEDIATION FUND. RECOMMENDATION: ADOPTION OF THE AGREEMENT OF PARTIES. (CRAVEN) ADOPT EXAMINERS MEMORANDUM AND ISSUE ORDER, PR/PG Item 67. CONSIDERATION OF EXAMINER'S MEMORANDUM AND ORDER CONCERNING THE PETITION AGAINST BELL-MILAM-FALLS WSC FOR A PETITION REQUESTING A SERVICE DETERMINATION FROM BELL-MILAM-FALLS WSC FILED BY CLEMENTE AND JUANITA ABILA. TO PROVIDE WATER SERVICE IN MILAM COLUNTY, TEXAS. (DOCKET NO.9455-X). RECOMMENDATION: ADOPTION OF AGREEMENT OF PARTIES. (JACKSON)

ADOPT EXAMINERS MEMORANDUM AND ISSUE ORDER, PR/PG

Item 68. CONSIDERATION OF EXAMINER'S MEMORANDUM AND ORDER CONCERNING THE APPLICATION OF ALPHA UTILITY SERVICES, INC. TO INCREASE RETAIL WATER AND SEWER RATES IN HARRIS COUNTY, TEXAS (DOCKET NO. 9579-G, 9593-G. APPLICANT PROVIDES RETAIL WATER AND SEWER SERVICE TO APPROXIMATELY NINE CUSTOMERS. RECOMMENDATION: ADOPTION OF AGREEMENT OF PARTIES. (JACKSON)

ADOPT EXAMINERS MEMORANDUM AND ISSUE ORDER, PR/PG

UNCONTESTED (Awards Presentation)

Item 69. RECOGNITION OF EXEMPLARY PERFORMANCE BY TEXAS WATER COMMISSION EMPLOYEES.

AWARDS PRESENTED UNCONTESTED OLD BUSINESS Wednesday, April 28, 1993 TEXAS WATER COMMISSION

9:00 a.m. Room 118

Item carried forward from Agenda of March 31, 1993. Item 1. APPLICATION BY ASCENSION RESORTS, LTD. for renewal of Permit No. 13417-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 100,000 gallons per day. The wastewater treatment facilities are approximately 0.5 mile northwest of the intersection of League Line Road and White Oak Drive on Lake Conroe in Montgomery County, Texas.

APPROVED, PR/PG

Item carried forward from Agenda of March 31, 1993.

Item 2. APPLICATION BY CITY OF ELDORADO for renewal of Permit No. 10165-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 385,000 gallons per day. The wastewater treatment facilities are approximately 5,000 feet northeast of the intersection of U.S. Highway 277 and U.S. Highway 915 in Schleicher County, Texas.

CONTINUED TO JUNE 30, 1993 AT 9:00 A.M.

Item carried forward from Agenda of March 31, 1993.

Item 3. APPLICATION BY CITY OF NEWCASTLE for renewal of Permit No. 10647-02 which authorizes a discharge of settled filter backwash from a water treatment plant at a volume not to exceed an average flow of 8,000 gallons per day. The plant site is approximately 1-1/2 miles southwest of the City of Newcastle, Young County, Texas. APPROVED, PR/PG

Item carried forward from Agenda of March 31, 1993. Item 4. APPLICATION BY WINDY HILL UTILITIES, INC. for renewal of Permit No. 12342-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 25,000 gallons per day. The wastewater treatment facilities are approximately 800 feet north of Zaka Road, west of Windfern Road at the southeast corner of Maple Leaf Gardens in Harris County, Texas. APPROVED, PR/PG

Item carried forward from Agenda of April 14, 1993. Item 5. CONSIDERATION OF EXAMINER'S MEMORANDUM AND ORDER CONCERNING THE APPLICATION OF CLEAR LAKES WATER SYSTEMS TO INCREASE RETAIL WATER RATES IN WOOD COUNTY, TEXAS (DOCKET NO. 9625-R). APPLICANT PROVIDES RETAIL WATER SERVICE TO APPROXIMATELY 278 CUSTOMERS. RECOMMENDATION: ADOPTION OF AGREEMENT OF PARTIES. (JACKSON). ADOPT EXAMINERS MEMORANDUM AND ISSUE AGREED ORDER, PG/PR CONTESTED AGENDA Wednesday, April 28, 1993 TEXAS WATER COMMISSION 9:00 a.m. Room 118

CONTESTED (WATER QUALITY ENFORCEMENTS) Item 1. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF SURREY, INC., PROPOSED PERMIT NO. 03503. (Rubey) Remand to Office Hearing's Examiner, PR/JH Item 2. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF RALPH GABRIELSEN, PERMIT NO. 12710-01. (Martinez)

Continued to May 5, 1993 at 9:00 a.m.

Item 3. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF CORPUS CHRISTI; PERMIT NO. 10401-04. (Smith, J.)

Continued to May 26, 1993 at 9:00 a.m.

Item 4. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF WEST TAWAKONI; PERMIT NO. 11331-01. (Winter)

Remand to Office Hearing's Examiner, PR/JH

Item 5. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 133; PERMIT NO. 11153-01. (Martinez) Issue Agreed Order, PG/PR Item 6. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF DAVID K. MOORE, DBA DKM ENTERPRISES; PERMIT NO. 03011. (Martinez) Continued to May 5, 1993 at 9:00 a.m.

CONTESTED (HAZARDOUS WASTE ENFORCEMENT)

Item 7. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF BETACO; TEXAS SOLID WASTE REGISTRATION NO. 37201. (Hahn) Continued to June 30, 1993 at 9:00 a.m. Item 8. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR A TEXAS WATER COMMISSION ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF SARTOMER COMPANY, INC.; SWR. NO 37739 (LIGARDE) Continued to June 2, 1993 at 9:00 a.m.

CONTESTED (RATE ENFORCEMENTS) Item 9. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF J. J. JETER, DBA JETER WATER SUPPLY, D-9350-E. (Carlton) Withdraw Petition Item 10. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF CLESTER FREDERICK DBA NEWTOWER WATER SYSTEM; D-9389-E. (Carlton)

Continued to June 23, 1993 at 9:00 a.m.

Item 11. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S REQUEST FOR INTERIM RATES; APPLICATION OF SAN JACINTO UTILITY CO., INC. FOR A RATE INCREASE. CCN NO. 20606, DOCKET NO. 9939-G (SANCHEZ)

Set Interim Rates as recommended, PR/PG

CONTESTED (MUNICIPAL WASTE ENFORCEMENT)

Item 12. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR AN ENFORCEMENT ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF BRIAN BULLOCK DBA BULLOCK TRUCKING, INC.; TEXAS MUNICIPAL SOLID WASTE UNAUTHORIZED SITE NO. 32668. (Ramirez)

Remand to Office Hearing's Examiner, PR/JH

CONTESTED (PST ENFORCEMENT) Item 13. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY REPORT AND PETITION FOR AN ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING ACTIONS OF STAR-TEX PETROLEUM, FACILITY ID NO. 19614. (WINTER/PALA) Remand to Office Hearing's Examiner, JH/PR Item 14. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY REPORT AND PETITION FOR AN ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF STAR-TEX PETROLEUM, FACILITY ID NO. 19074. (WINTER/PALA) Remand to Office Hearing's Examiner, JH/PR Item 15. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY REPORT AND PETITION FOR AN ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTION OF STAR-TEX PETROLEUM, FACILITY ID NO 13885. (WINTER/PALA) Remand to Office Hearing's Examiner, JH/PR Item 16. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY REPORT AND PETITION FOR AN ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTION OF STAR-TEX PETROLEUM, OWNER ID NO 22429. (WINTER/PALA) Remand to Office Hearing's Examiner, JH/PR Item 17. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY REPORT AND PETITION FOR AN ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTION OF STAR-TEX PETROLEUM, FACILITY ID NO 19623. (WINTER/PALA) Remand to Office Hearing's Examiner, JH/PR Item 18. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY REPORT AND PETITION FOR AN ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTION OF STAR-TEX PETROLEUM, FACILITY ID NO 19629. (WINTER/PALA)

Remand to Office Hearing's Examiner, JH/PR

CONTESTED (ADOPTION OF RULES)

Item 19. CONSIDERATION OF THE ADOPTION OF AMENDMENTS TO 31 TEXAS ADMINISTRATIVE CODE SUBCHAPTER H, ENTITLED INTERIM REIMBURSEMENT PROGRAM RELATING TO THE PETROLEUM STORAGE TANK REIMBURSEMENT PROGRAM (334.302, 334.305, 334.308, 334.309, 334.310, 334.315, 334.317, AND 334.322. (Ligarde)

Continued to May 12, 1993 at 9:00 a.m.

Item 20. CONSIDERATION OF THE ADOPTION OF 31 TEXAS ADMINISTRATIVE CODE SECTION 334.560 (SUBCHAPTER M) CONCERNING REIMBURSABLE COST GUIDELINES FOR THE PETROLEUM STORAGE TANK REIMBURSEMENT PROGRAM. (Ligarde/Bame)

Continued to May 26, 1993 at 9:00 a.m.

CONTESTED (EXECUTIVE SESSION) Item 21. THE COMMISSION WILL MEET IN EXECUTIVE SESSION TO DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by TEX.REV.CIV.STAT.ANN. art 6252-17 Sections 2(e) and 2(g). No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with TEX.REV.CIV.STAT.ANN. art. 6252-17. No Action Taken Item 22. THE COMMISSION WILL MEET IN EXECUTIVE SESSION TO DISCUSS THE FOLLOWING PENDING LITIGATION AND OTHER LITIGATION THAT MAY ARISE CHALLENGING OR SUPPORTING COMMISSION ACTION RELATED TO THE EDWARDS AQUIFER: DANNY MCFADEN AND TEXAS FARM BUREAU VS. TEXAS WATER COMMISSION, NO. 92-05214, 331ST DISTRICT COURT OF TRAVIS COUNTY; EDWARDS UNDERGROUND WATER DIST. ET AL. VS. LIVING WATERS ARTESIAN SPS. LTD., ET AL., N0. 91-CI-14862, 57TH DISTRICT COURT OF BEXAR COUNTY; SIERRA CLUB, ET AL. VS. LUJAN, ET AL., NO. 91-CA-069, U.S. DISTRICT COURT, WESTERN DIST. OF TEXAS, MIDLAND ODESSA DIV.; GBRA VS. TEXAS FARM BUREAU, ET AL., NO. 92-05226, 299TH DISTRICT COURT OF TRAVIS COUNTY. L.B.TURLOVE, JR. AND JO HELEN BATOT VS. THE STATE OF TEXAS, TEXAS WATER COMMISSION, CAUSE NO. 92-08-18, 127-CV OF UVALDE COUNTY, 38TH JUDICIAL DISTRICT. THE AUTHORITY FOR THIS MEETING IS TEX. REV. CIV. STAT. ANN. ART. 6252-17, SEC. 2 (e). General Counsel will do certified agenda Item 23. COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TEXAS WATER COMMISSION UNDER SECTION 2(g) OF THE OPEN MEETINGS ACT. TEX. REV. CIV. STAT. ANN. Art 6252-17, AND 2(g). No Action Taken (PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TEXAS WATER COMMISSION AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE THE OFFICE OF THE CHIEF CLERK AT (512) 463-7905 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) CONTESTED OLD BUSINESS Wednesday, April 28, 1993 TEXAS WATER COMMISSION 9:00 a.m. Room 118

Item carried forward from Agenda of January 27, 1993. Item 1. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR ORDER REQUIRING CERTAIN ACTIONS OF FINA OIL & CHEMICAL COMPANY - COAHOMA; TEXAS SOLID WASTE REGISTRATION NO. 52083. (Ballard) Continued to July 28, 1993 at 9:00 a.m.

Item carried forward from Agenda of March 10, 1993.

Item 2. CONSIDERATION OF THE EXECUTIVE DIRECTOR'S PRELIMINARY ENFORCEMENT REPORT AND PETITION FOR AN ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF DORIS D. EMMEL, DBA DAM B SEWER COMPANY; MUNICIPAL SOLID WASTE REGISTRATION NO. 20828. (Ryland)

Remand to Office Hearing's Examiner, PR/JH

Item carried forward from Agenda of April 14, 1993.

Item 3. CONSIDERATION OF THE ADOPTION OF PROPOSED TITLE 31 TEXAS ADMINISTRATIVE CODE, CHAPTER 334, SUBCHAPTER J (RELATING TO REGISTRATION OF CORRECTIVE ACTION SPECIALISTS AND PROJECT MANAGERS). (Winter)

Adopt Rules as Recommended by Staff, JH/PR